Apodaca: More transparency and accountability needed

I’ve heard from many readers regarding my last column about a whistleblower’s accusations of wrongdoing at Newport-Mesa Unified School District.

The vast majority of respondents strongly agreed with my call for the school board to act with full transparency regarding the allegations leveled by the former NMUSD director of human resources, John Caldecott.

We need to know that the board will investigate fully and impartially and will bend toward more open communication than it has sometimes shown in the past.

To quickly recap, Caldecott alleges that he uncovered some improper government reporting by the district in connection with pensions and salaries. For months, he contends, Supt. Fred Navarro and the school board declined to act on his concerns and blocked access to all relevant records. He was fired in January after he sought a court order to release the documents.

One respondent was not happy with what I wrote. In an online comment, district board member Vicki Snell wrote that my column “jumps on a bandwagon of unsubstantiated accusations and conspiracies.” More on that later.

But one of the most interesting calls I received was from Kent Moore, a Corona del Mar resident and longtime education consultant and Santa Ana College instructor. Twenty years ago, Moore was a member of the Community Involvement Task Force, a group of local educators and others who were asked by Newport-Mesa’s then-Supt. Mac Bernd to recommend ways for the district to foster greater community involvement in the school system.

“Everyone was really enthused,” Moore recalled.

The task force met regularly for more than a year, he said, to craft what he believed was an important and useful list of recommendations to open communications between parents and staff, better inform the public about school needs, and facilitate trust through a more open and inclusive process of planning, decision-making and conflict resolution.

The report was submitted, and then — nothing.

“We never heard a word,” Moore said. “It still hurts today to think about.”

He believes that episode remains relevant now that the Caldecott matter is bringing forth some of the very issues he and others sought to circumvent: the district’s perceived lack of transparency, unwillingness to communicate about difficult subjects, and questionable lines of accountability.

Now to Snell’s comments.

She wrote: “In all my decisions regarding district business, the children are my first priority as well as following policies and guidelines. Collectively we make sure all programs and financial business is explained and even ask for input from all members of our community. If Ms. Apodaca has researched the governance systems in place for school boards, she would have learned that we are not ‘tight-lipped’ because we are hiding anything. We are unable to talk about matters concerning personnel or individual students. Not only can the district be sued but we can personally be sued.”

In addition, she found it “disturbing and frustrating that my integrity as well as the integrity of my peers can be questioned and I am powerless to comment.”

First, I’ll point out that board members aren’t powerless to comment; indeed, Snell’s response to my column contradicts such a claim.

I do understand that there are certain legal constraints to what the board can disclose, but there’s nothing stopping it from at least promising to fully investigate the matters raised by Caldecott — who, by the way, has waived his right to privacy.

And why does the district continue to fight the release of the documents in question? I am certainly not alone in objecting to the way district officials use the “unable to comment on personnel matters” line as a reflexive response to uncomfortable questions.

I know it’s tough being the target of criticism and suspicion. I’d much rather write about progress than problems. Indeed, I’ve written plenty of times in support of district programs, and have in many meetings with Navarro found him to be intelligent, engaging and passionate about education. Also, to her credit, Snell responded very cordially to an email I sent regarding her online commentary.

But some very disturbing allegations have been leveled by a respected former administrator, a man known throughout his career as a straight shooter. Newport-Mesa residents have good reason to be skeptical given the district’s spotty record on inclusivity — just ask Moore. Rather than react defensively, board members would do well to listen and learn from what’s being expressed throughout the community. Don’t take offense; take heed.

Here’s one more chilling piece of information: When Caldecott was terminated, he said, the district exercised the “without cause” option of his contract. He received a lump sum equal to 18 months’ salary.

But he claims he was also offered a deal to stay on paid administrative leave for six months, which would have improved his standing regarding retirement benefits. In exchange, he said, he was asked to sign a release to waive all claims and dismiss all pending litigation against the district. This also included a “non-disparagement” clause. He refused.

Trying to keep a whistleblower quiet? I hope not, though it’s hard to see it another way.

In any case, Caldecott isn’t going away.

“I was told there would be an investigation. There wasn’t. They didn’t talk to me. The district refuses to release any records.

“I will continue until there is accountability and every issue has it’s day,” he said.

Next up: A court hearing on Caldecott’s request for the release of district documents is scheduled for Monday afternoon.

PATRICE APODACA is a former Newport-Mesa public school parent and former Los Angeles Times staff writer. She lives in Newport Beach.